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Madhya Pradesh High Court · body

2017 DIGILAW 919 (MP)

Au Financiers (India) Limited v. State of M. P.

2017-08-18

VIRENDER SINGH

body2017
ORDER 1. The short prayer of the petitioner is that he may be permitted to sale the vehicle given in his custody by the trial Court, as the same is lying under the heat of sun and rain and its value is deteriorating day-by-day. 2. Brief facts of the case are that the petitioner is a Finance Company. They financed the Tralla bearing registration No.M.P.-09/HF/3761 in favour of respondent No.2/Hiralal, who did not pay the EMI and sold the Tralla to a third person. A dispute arose between Hiralal and purchaser of Tralla, therefore, police registered a case under section 406 of IPC and seized the Tralla and kept in the premises of police station. 3. The petitioner filed an application before the trial Court for custody of the vehicle, which was allowed and custody of the vehicle was given to the petitioner. The petitioner furnished the Supurdaginama also but did not take out the Tralla from the premises of Police Station as it was not in a condition to move from there, owing to the serious damage to its wheel, body and engine. 4. The petitioner filed an application under sections 452 and 459 of CrPC for granting him permission to sale out the Tralla, which was dismissed by the trial Court vide order dated 7.7.2015 passed in Criminal Case No.4988/2014 observing that if the vehicle is not in a condition to move, then the petitioner may take necessary steps to get its condition repaired. 5. Revision preferred by the petitioner against this order met with the same fate and the revision Court vide order dated 27.9.2016 passed in criminal revision No.132/2016 dismissed the revision petition holding that no illegality appears in the order of the trial Court. 6. I have considered the rival contention of the parties and perused the record. 7. Learned Public Prosecutor appearing for the respondent No.1 has fairly admitted that they have no objection, if the permission is granted to the petitioner. 8. It is not in dispute that vehicle was financed by the petitioner, it has already been given in the custody of petitioner by the Court and presently the vehicle is in very bad and damaged condition. The revision Court in his order observed that the case is pending before the Court for want of appearance of the sole accused/Dinesh, as he is absconding from the trial. 9. The revision Court in his order observed that the case is pending before the Court for want of appearance of the sole accused/Dinesh, as he is absconding from the trial. 9. When the title of the vehicle is not disputed, condition is also not disputed, the case is pending without any progress, only to secure presence of the accused, State as well as complainant/hire purchaser – Hiralal has no objection, the vehicle is lying under the heat of sun and rain in an open place under the sky, its condition deteriorating day-by-day, existing condition is so bad that it is not in a position to move, the offence in which the vehicle is seized is registered under section 406 of IPC, necessity of producing the vehicle before the Court may not occur and no fruitful purpose would be achieved, if the vehicle is kept as it is, instead it may be in the interest of all parties concerned to grant permission to sale the vehicle and keep the money secured. 10. The learned Courts below failed to consider all these aspects of the case, therefore, in my considered opinion the order passed by the trial Court as well as by revision Court are not sustainable. The petition deserves to be and is allowed accordingly. Orders of trial Court and revision Court are set aside. The petitioner is permitted to sale out the vehicle under supervision of the trial Court subject to the condition that the sale proceeds shall remain with the petitioner under the directions of the trial Court regarding its disposal, meaning thereby the petitioner shall be bound by the direction of the trial Court given/issued from time to time with regard to the sale proceeds of the vehicle.